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What is Evidence ?

Evidence is the means by which a fact is proved. It can be spoken evidence, or in the form of a document or object. In most cases, evidence is provided by witnesses who can tell the court what they saw or heard (or in some cases, smelt or touched). Witnesses may also introduce physical evidence – such as weapons, drugs, fingerprints and so on. The general aim of evidence is to provide proof (or otherwise) of the issues to be decided in court.

Laws of Evidence

The laws of evidence prescribe standards to which a fact must be proved:

in civil proceedings, facts must be proved on the balance of probabilities;
in criminal proceedings, facts must be proved beyond reasonable doubt.

The rules of evidence govern what information is able to be placed before a court for determination of an issue. These rules influence how a party goes about proving its case.

Parties seek to persuade the court of a fact by producing evidence. In doing so, a party should consider three issues:

how to adduce (that is, put to the court) evidence of the fact;
whether the evidence is admissible (that is, whether the court will permit it to be given); and
the weight of the evidence (that is, how much importance the court will give to it in reaching its decision).

The rules of evidence are mainly concerned with the first two issues:

how information, in the form of ‘evidence’, is given or presented to a court and
whether that information can be admitted to the proceeding.

The admissibility of evidence in any proceeding is subject to compliance with the rules of admissibility and the interpretation placed upon them by the presiding judge. Assessment of the quality of evidence, and therefore of the weight to be given to it, is also matter for the presiding judge in each case.

What Types of Evidence are There?

There are four general types of evidence:

Real evidence (tangible things, such as a weapon)
Demonstrative (a model of what likely happened at a given time and place)
Documentary (a letter, blog post, or other document)
Testimonial (witness testimony)

Useful Terms to Know

Circumstantial Evidence: Evidence that tends to prove a factual matter by proving other events or circumstances from which the occurrence of the matter can be reasonably inferred.
Corroborating Evidence: Evidence that is independent of and different from but that supplements and strengthens evidence already presented as proof of a factual matter.
Hearsay: A statement made out of court and not under oath which is offered as proof that what is stated is true (usually deemed inadmissible).
Exclusionary Rule: A rule of evidence that excludes or suppresses evidence obtained in violation of a defendant’s constitutional rights.

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